An attention-grabbing or eye-catching advertisement needs to include a clear reference to correct possible erroneous preconceptions. According to the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, this is also true for economically significant purchases.

Mandatory social security contributions for managing directors are a controversial subject. The Bundessozialgericht (BSG), Germanyâs federal supreme court in relation to social security matters, recently ruled that managing directors shall, as a rule, be deemed to be employees of a GmbH.

A dentist is allowed to promote his or her homepage with the term âPraxisklinikâ, i.e. â(practice) clinicâ, even if they do not admit patients for extended periods of time as inpatients. That was the verdict of the Landgericht (LG) Essen, the Regional Court of Essen.

It is possible for a power of attorney to constitute a valid will. That was the verdict of the Oberlandesgericht (OLG) Hamm, the Higher Regional Court of Hamm, in a ruling from May 11, 2017 (Az.: 10 U 64/16).

In cases where damage or injury has occurred, it is increasingly common for the issue of D&O liability to take centre stage. For this reason, many companies have taken out a D&O insurance policy for their managers.

The commercial agentâs right to claim compensation in the event of turnover increases with past clients comes up time and time again as a contentious issue. A ruling of the Oberlandesgericht (OLG) Celle, the Higher Regional Court of Celle, has now bolstered the position of commercial agents (Az.: 11 U 88/16).

If a company abuses its market power, this constitutes a violation of antitrust law. In a ruling from January 23, 2018, the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, has bolstered the Bundeskartellamt, Germanyâs Federal Cartel Office (Az.: KVR 3/17).

Patchwork families, also known as blended families, are no longer a rarity today, yet succession law has yet to adapt to this development. According to the rules of intestate succession, stepchildren come away empty-handed.

The shareholders of a GmbH, a type of German private limited company, have extensive rights to information that go beyond the general meeting of the shareholders, and they are able to exercise their rights of access and inspection.

When it comes to the removal of a shareholder managing director of a GmbH, a type of German private limited liability company, for good cause, it is a matter of whether there was in fact good cause at the time the decision was taken.

Germanyâs General Act on Equal Treatment, aka the allgemeine Gleichbehandlungsgesetz (AGG), is supposed to protect against discrimination, e.g. on the basis of gender. That being said, exceptions can be made, as demonstrated by a ruling of the Landesarbeitsgericht (LAG) Schleswig-Holstein [Regional Labour Court of Schleswig-Holstein].

The Oberlandesgericht (OLG) MĂŒnchen [Higher Regional Court of Munich] has ruled that promoting a homeopathic medicinal product with a promise of success is prohibited and a violation of competition law.

Managing directors of a GmbH, a type of German private limited company, may be liable in the event of insolvency. A common bone of contention is the matter of payments made by the managing director after the onset of insolvency.

Combinations of two or more colours need to be precisely defined for them to be capable of being registered as a colour trademark. That was the verdict of the General Court of the European Union (EGC) (Az.: T 101/15).

Spouses frequently draft a Berliner Testament, literally a âBerlin willâ, by mutually appointed each other as sole heirs. Before doing so, it ought to be examined whether a Berliner Testament is the most appropriate form.

If the interest rate on a loan is based on the development of exchange rates, the bank has a duty to inform with respect to the foreign exchange risk. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, in a recent ruling (XI ZR 152/17).

The way in which it has allocated tickets has led the DFB, Germanyâs Football Association, to be suspected of abusing its dominant market position. The Bundeskartellamt, Germanyâs Federal Cartel Office, has since suspended its investigations into the matter.

As in the case of brands, geographical designations of origin can be protected as well. It is therefore also possible for advertising featuring references to origin to be misleading to consumers and thus impermissible.

Employers who have flu vaccines administered within their company are not liable for any harm that might occur as a result of the vaccine. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, in a recent ruling.

Employers do not have to accept threats made by employees. These can constitute good cause justifying extraordinary notice of dismissal with immediate effect, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court.

Commercial agency agreements often include a prohibition of competition, also known as a no-competition clause. Notwithstanding this, certain clauses in the general terms and conditions may be invalid, as is clear from a ruling of the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court (Az.: VII ZR 100/15).

If an employer wants to issue notice of dismissal on grounds of suspicion, the circumstances need to be sufficiently suspicious such that it is almost certain the employee in question committed the relevant offence.

Anyone sending business documents to his or her personal email address should expect to be dismissed with immediate effect. This comes from a ruling of the Landesarbeitsgericht (LAG) Berlin-Brandenburg [Regional Labour Court of Berlin-Brandenburg] from May 16, 2017.

The right reserved in a joint will to make amendments can be made conditional on the approval of a third party. That was the verdict of the Oberlandesgericht (OLG) Bremen [Higher Regional Court of Bremen].

An employerâs executive prerogative entails being able to order business trips abroad if the employee commits himself to undertake this kind of service in his or her employment contract. That was the verdict of the Landesarbeitsgericht (LAG) Baden-WĂŒrttemberg [Regional Labour Court of Baden-WĂŒrttemberg].

In its ruling of October 12, 2017, the Oberlandesgericht (OLG) DĂŒsseldorf [Higher Regional Court of DĂŒsseldorf] imposed fines totalling more than 19 million euros against members of the so-called Tapeten-Kartell, or âwallpaper cartelâ (Az.: V-2 Kart 1-3/17).

Three-dimensional symbols that represent the shape of a product can be protected as a trademark. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, in two rulings from October 18, 2017 (Az.: I ZB 3/17 and I ZB 4/17).

In order for a trade mark to be capable of being registered as a European Union trade mark it needs to be highly distinctive. The slogan âBester Papaâ (âBest dad(dy)/papaâ) lacks this distinctive character.

Whether the managing director of a GmbH, a type of German private limited liability company, is obligated to make contributions to social security is frequently a point of contention. Various different factors need to be considered when weighing things up.

In exceptional circumstances, retrospective amendments to a will may be valid even in the absence of a signature. That was the verdict of the Kammergericht (KG) Berlin [Berlin Court of Appeal] in its ruling of March 28, 2017 (Az.: 6 W 97/16).

A joint spousal will has a strong binding effect and can potentially affect gifts made by the surviving spouse, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm].

Before issuing notice of dismissal on account of illness, an employer ought to assess whether the relevant employeeâs inability to work can be overcome with the help of a company reintegration management program.

If an employer seriously intends to close an establishment then it can issue notices of dismissal due to operational circumstances, i.e. notices of compulsory or forced redundancy. That was the verdict of the Landesarbeitsgericht (LAG) Rheinland-Pfalz [Regional Labour Court of Rhineland-Palatinate] (Az.: 5 Sa 51/16).

If an employee violates obligations set forth in his employment contract, he may then be issued with notice of dismissal on grounds of conduct. That being said, the notice needs to well prepared if it is to be effective.

It is possible for a will to be valid even if it was written with the hand one does not normally write with. That was the verdict of the Oberlandesgericht (OLG) KĂ¶ln [Higher Regional Court of Cologne] in its ruling of August 3, 2017 (Az.: 2 Wx 149/17).

The testator must have testamentary capacity as a prerequisite for a valid will. Chronic delusions can give rise to a lack of testamentary capacity, as demonstrated by a ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt].

After a commercial agency agreement has been terminated, the commercial agent is normally entitled to compensation. The assessment of the extent of this right to compensation frequently gives rise to disputes.

Apart from a will, it is also possible to prepare a contract of inheritance as a way of organizing oneâs estate. It should be noted, however, that a contract of inheritance has a significantly stronger binding effect.

A commercial agent may even be entitled to compensation if he or she voluntarily issues notice of termination. However, the companyâs conduct needs to give rise to legitimate grounds for termination for this to happen.

Pharmacies are not allowed to offer their customers promotional gifts when the latter are purchasing prescription medicinal products. That was the verdict of the Oberverwaltungsgericht (OVG) NRW, North Rhine-Westphaliaâs Higher Administrative Court, in two rulings from September 8, 2017.

Heirs might be able to do as they wish with an estate even if an execution of a will has been ordered if its function is supervisory in nature. That was the verdict of the Oberlandesgericht (OLG) KĂ¶ln [Higher Regional Court of Cologne].

Legal heirs who waive their compulsory portion and receive a form of compensation for doing so need to keep an eye on the tax burden. Following a judgment of the Bundesfinanzhof (BFH), Germanyâs Federal Fiscal Court, this may turn out to be higher than was previously the case.

When it comes to online advertising for electronic appliances, the energy efficiency class must be clearly visible to consumers. That was the verdict of the Bundesgerichtshof (BGH) in its ruling of April 6, 2017 (Az.: I ZR 159/16).

It is possible to issue exceptional notice terminating an employment relationship if there is good cause for doing so. However, in cases involving dismissal for good cause based on suspicion, this suspicion needs to be underpinned by strong circumstantial evidence.

If an advertisement constitutes an âinvitation to purchaseâ, it needs to include all of the information necessary for the consumer. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court (Az.: I ZR 41/16).

If the testator is at acute risk of death, it is possible to draft what is referred to in German as a âNottestamentâ, or nuncupative will, before three witnesses. That being said, even a nuncupative will has to fulfil certain criteria for it to be effective.

Breach of a confidentiality obligation can justify issuing an employee with notice of dismissal with immediate effect. That was the verdict of the Landesarbeitsgericht (LAG) Baden-WĂŒrttemberg [Regional Labour Court of Baden-WĂŒrttemberg] (Az.: 12 Sa 22/16).

Many German citizens prefer to spend their twilight years in warmer climates. Instead of holidaying in Majorca, the island becomes the centre of their lives. However, this has implications for inheritance.

Reaching into a work colleagueâs personal space can justify dismissal with immediate effect, even if the act was not sexually motivated. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court (Az.: 2 AZR 302/16).

Good news for creditors of an insolvent business partner: In its ruling of June 22, 2017, the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, has bolstered their rights when contesting a debtorâs transactions in insolvency proceedings (Az.: IX ZR 111/14).

Before an employer issues notice of dismissal with immediate effect, it ought to examine whether a prior formal warning is necessary. Failure to do so can prove to be a costly mistake, as demonstrated by a ruling of the Landesarbeitsgericht (LAG) DĂŒsseldorf [Regional Labour Court of DĂŒsseldorf].

Those who wish to play it safe when it comes to the subject of inheritance ought not to rely on the rules of intestate succession and should instead prepare a will. This also applies to childless couples.

The number of what are referred to as patchwork or blended families is increasing, with these sometimes giving rise to problems in inheritance cases. For this reason, particularly unmarried couples and patchwork families should give thought to preparing a will or contract of inheritance.

It is possible to agree to an age limit for a managing director of a GmbH in his employment contract, with his reaching the specified age serving as grounds for ordinary notice of termination. That was the verdict of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm].

It has been known since the beginning of July that the Bundeskriminalamt (BKA), Germanyâs Federal Criminal Police Office, has purchased what are referred to as the âPanama Papersâ and is set to analyse the controversial information they contain. Those who are concerned they may have evaded taxes can still submit a voluntary declaration.

Spouses ought to be afforded financial security in the event of their partnerâs death. Many married couples want this to happen and therefore prepare a joint will, also referred to as a âBerliner Testamentâ (Berlin will).

Investigations looking into whether the so-called âcar cartelâ entered into illegal arrangements and thus breached antitrust law are currently underway. Should this be the case, the cartel members should anticipate heavy fines.

The Bundeskartellamt, Germanyâs Federal Cartel Office, has imposed fines amounting to just under 11 million euros on two companies from the clothing industry on account of illegal vertical resale price maintenance agreements.

If someone submits a bogus application without serious intent in response to a job advertisement, they are not entitled to demand compensation if the employer violates Germanyâs Allgemeine Gleichbehandlungsgesetz (AGG) [General Act on Equal Treatment].

The suspicion was borne out: the car makers Volkswagen (VW), Audi, Porsche, Daimler and BMW are reported to have coordinated in relation to technology, suppliers and costs and formed a kind of car cartel.

Monitoring an employee using a keylogger is only permissible if there are reasonable grounds for suspecting that an offence or a serious breach of duty has been committed. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court.

Ignorance does not spare anyone from punishment. The Oberlandesgericht (OLG) Celle [Higher Regional Court of Celle] confirmed that this holds true for managing directors who are merely a front, ruling that they are liable for breaches of duty.

In its ruling of March 29, 2017, the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, clarified once again that health claims cannot pertain to products and must relate to substances (Az.: I ZR 71/16).

Merely using a third-partyâs protected trademark on the site map for a fair does not constitute a violation of trademark law. That was the verdict of the Landgericht (LG) KĂ¶ln [Regional Court of Cologne] in its ruling of March 7, 2017.

When it comes to wills, it is important to observe certain formal requirements. According to the Kammergericht (KG) Berlin [Higher Regional Court of Berlin], a loose collection of notes cannot be considered a testamentary disposition.

Flexible working hours are commonplace in many companies today. Notwithstanding this, employees must perform the work they owe to their employer pursuant to their employment contract, otherwise they may be faced with exceptional notice of dismissal.

The Bundestag, Germanyâs lower house of parliament, has voted in favour of what it is referred to in Germany as âEhe fĂŒr alleâ (marriage for all), i.e. marriage equality. Spouses are automatically accounted for under the rules of intestate succession. However, this is not the case for unmarried couples. For these couples, the rules of intestate succession do not apply.

Advertising for medicinal products must relate to approved fields of application. Failing this, the advertising may violate competition law as well as Germanyâs Heilmittelwerbegesetz (HWG) [Advertising of Medicinal Products Act].

According to a ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] from July 21, 2016, dentists offering tooth cleaning or bleaching services at a fixed flat rate are violating competition law (Az.: 6 U 136/15).

Even if health-related advertising claims are true, they may still mislead consumers and thus be impermissible. That was the verdict of the Court of Justice of the European Union (CJEU) (Az.: C-296/16 P).

In the case of dismissal with the option of altered conditions of employment, the offer to continue the employment relationship needs to clearly define the new terms. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court (Az.: 2 AZR 68/16).

Whether a managing director is obliged to make social security contributions depends on various factors. GRP Rainer RechtsanwĂ€lte has carried out an assessment of the obligation to make social security payments.

In the event that a commercial agency agreement is terminated, the commercial agent often has a right to compensation. Frequent points of contention include the extent of any such entitlement and the classification of new clients.

One cannot compare apples and pears, at least not according to the equivalent German expression for comparing apples and oranges. However, as demonstrated by a decision of the European Union Intellectual Property Office (EUIPO), things may look rather different in the field of trademark law.

If something is promoted as being free, then it should in fact be free. Otherwise, this kind of advertising might be misleading and violate competition law, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamburg [Higher Regional Court of Hamburg].

There are clear rules in Germany determining who will inherit. In the absence of a will or contract of inheritance, the rules of intestate succession apply. In that case, the first to inherit are the spouse or civil partner and oneâs own children.

Anyone who causes serious offence to his employer or a colleague should anticipate the possibility of being dismissed with immediate effect, as demonstrated by a ruling of the Landesarbeitsgericht (LAG) Schleswig-Holstein [Regional Labour Court of Schleswig-Holstein] from January 24, 2017 (Az.: 3 Sa 244/16).

According to a ruling of the Oberlandesgericht (OLG) Karlsruhe [Higher Regional Court of Karlsruhe], clauses in an employment contract for a managing director stating that removing the managing director simultaneously terminates the employment contract may be invalid.

Even covert video footage can potentially justify exceptional notice of dismissal. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, in its judgment of September 22, 2016 (Az.: 2 AZR 848/15).

The final cost of goods on display needs to be readily apparent to customers. According to a recent ruling of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm], quoting only part of the price constitutes a violation of competition law.

Since 2010, the German exchequer has reeled in a nationwide total of around six billion euros by way of voluntary declarations for tax evasion. For tax dodgers, voluntary disclosure remains the only way out.

Testators need to define their heirs with sufficient clarity in wills, because the will might otherwise be invalid. That was the verdict of the Oberlandesgericht (OLG) KĂ¶ln [Higher Regional Court of Cologne] in its ruling of November 14, 2016 (Az.: 2 Wx 536/16).

Electronic appliances that can be seen on display but lack labelling on energy consumption constitute a violation of competition law. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court (Az.: I ZR 213/15).

Employers ought to tread carefully when it comes to terminating an employment relationship during the probationary period, as a reduced notice period for dismissal only applies if the employment contract has been clearly drafted.

It is possible for a works council to push through the dismissal of an employee, as demonstrated by a recent ruling of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, from March 28, 2017 (Az.: 2 AZR 551/16).

Health claims in relation to mineral water need to be consistent with the Health Claims Regulation. This was confirmed by the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, in its ruling of January 30, 2017 (Az.: I ZR 257/15).

Post-contractual prohibitions on competition that do not provide for compensation for this period, i.e. a waiting allowance, are null and void. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, in its ruling of March 22, 2017 (Az.: 10 AZR 448/15).

While the number of voluntary declarations for tax evasion is easing off, the same cannot be said of the efforts being put into the fight against tax evasion. It remains possible for tax evaders to submit a voluntary declaration leading to immunity.

The European Unionâs cartel authorities are targeting e-commerce more aggressively and are carrying out three investigations looking into whether violations of European competition law have occurred.

Not every instance of disabled employees being treated differently constitutes illegal discrimination, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, from January 26, 2017 (Az.: 8 AZR 736/15).

Executive boards, supervisory boards and managing directors are subject to a substantial risk of personal liability. With the help of suitable legal advice and experience, it is possible to reduce this risk.

Advertising is subject to restrictions, and anyone who oversteps these may be faced with severe penalties. This also applies to unlawful advertising via email, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm].

The Bundeskartellamt, Germanyâs Federal Cartel Office, has concluded the final proceedings in relation to price fixing in the food industry and, according to its own statements, imposed fines totalling around 18 million euros.

The managing director of a GmbH, a type of German private limited company, is responsible for ensuring proper payment of social security contributions. Failure to fulfil his duties can render him personally liable.

GmbH shareholders can be represented by a proxy at the general meeting of the shareholders. In addition, it may be permissible according to a ruling of the Oberlandesgericht (OLG) Dresden [Higher Regional Court of Dresden] for them to bring an adviser along to the meeting.

The Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, has ruled that an ordinary notice of dismissal was effective despite a lack of information regarding when the employment relationship was to come to an end (Az.: 6 AZR 782/14).

A ruling of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, shows that if an employee is at fault for not being able to carry out his work as prescribed in the employment contract, his right to payment of wages may lapse.

Advertising for packet soup for children featuring the statement âmild gezalsenâ (lightly salted) is contrary to the Health Claims Regulation and therefore unlawful. That was the verdict of the Oberlandesgericht (OLG) Karlsruhe [Higher Regional Court of Karlsruhe] (Az.: 4 U 218/15).

A ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] shows that difficulties can arise if there is a desire at a later date to change the name of a company which was taken over and its name carried forward (Az.: 20 W 411/12).

If something is advertised as exclusive then it ought to remain exclusive. A ruling of the Landgericht (LG) Hamburg [Regional Court of Hamburg] demonstrates that a lack of touted exclusivity can render the advertising misleading.

An employer is allowed to issue a formal written warning without having previously informally rebuked an employee for his misconduct. That was the verdict of the Landesarbeitsgericht (LAG) KĂ¶ln [Regional Labour Court of Cologne] (Az.: 12 Sa 381/16).

It is common for disputes to arise under employment law concerning compensation in lieu of holiday entitlements. According to German law, holidays that have not been taken expire at the end of the reference period.

In cases of doubt, it is the notarized agreement that counts and not a draft contract whose content deviates from the former. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, in its judgment of June 10, 2016 (Az.: V ZR 295/14).

The members of a sisterhood may also fall within the ambit of the regulations pertaining to what is termed labour leasing or temporary employment. That was the verdict of the Court of Justice of the European Union (CJEU) in its ruling of November 17, 2016 (Az.: C-216/15).

It is possible for the removal of a company from the commercial register to be instigated by the competent authorities due to a lack of assets. Those who wish to oppose such a move should act immediately.

The managing director of a GmbH, a type of German private limited company, is exposed to considerable liability risks. Legal advice ought to be urgently sought to minimize these risks as well as in the event of something happening that raises the issue of liability.

A Gesellschaft bĂŒrgerlichen Rechts (GbR) [a type of German partnership constituted under civil law] is able to terminate a tenancy agreement if it needs to make use of the property itself. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, in its judgment of December 14, 2016 (Az.: VIII ZR 232/15).

The managing director of a Gesellschaft mit beschrĂ€nkter Haftung (GmbH), a type of private limited company in Germany, may be faced with liability claims if he breaches his obligations. That being said, it is possible under certain circumstances for him to request a full exemption from liability.

It was a long time coming before the reforms to inheritance tax became finalized. The legislation has since come into force with retrospective effect as of July 1, 2016. The reforms have ramifications for company heirs.

Even in the case of fixed-term employment contracts concluded pursuant to a court settlement, employers need to ensure that the fixed term is effective. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court.

Whether an employeeâs holiday entitlement continues to exist after his death is still disputed. The Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, has since turned to the Court of Justice of the European Union (CJEU) for clarity on the matter.

Anyone who publishes real estate adverts without the requisite information relating to the energy performance certificate is in breach of competition law. That was the verdict of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm].

If an employer wishes to make changes to assurances made in relation to occupational pension schemes and employees add their signatures to a relevant amendment in the employment contract, then they are subsequently bound by this.

If a shareholder wishes to withdraw from a Gesellschaft mit beschrĂ€nkter Haftung (GmbH), a type of German private limited company, this can give rise to disputes among the shareholders regarding the amount of any severance payment. This was the case, for instance, in proceedings before the Kammergericht (KG) Berlin (Higher Regional Court of Berlin).

Fraud relating to oneâs working hours may constitute good cause justifying exceptional notice of dismissal. Having said that, a ruling of the Landesarbeitsgericht (LAG) Hamm [Regional Labour Court of Hamm] shows that for this to happen there needs to be admissible evidence to this end.

Advertising featuring a guarantee can be misleading if the guarantee promise is linked to conditions that are not clearly visible to consumers. That was the verdict of the Landgericht (LG) Frankfurt [Regional Court of Frankfurt].

The Deutscher FuĂballbund (DFB) [German Football Association] continues to attract the attention of the Bundeskartellamt, Germanyâs Federal Cartel Office. This is due to the practice of linking the allocation of tickets to membership of the fan club for Germanyâs national football team.

If the object of a sale exhibits defects, the buyer can refuse to pay the purchase price until the defects have been removed. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, in its ruling of October 26, 2016 (Az.: VIII ZR 211/15).

A notice of dismissal with the option of altered conditions of employment terminates the employment relationship as constituted based on the conditions in place up until that point in time. At the same time, an offer is made to continue the employment relationship with revised conditions.

Even the best of families has arguments, and the same is true for shareholders of a GmbH. Having said that, a ruling of the Oberlandesgericht (OLG) MĂŒnchen [Higher Regional Court of Munich] demonstrates that a shareholderâs fiduciary duty does not apply in every case.

The Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, has clarified that sick workers generally do not have to appear at company appraisal meetings for staff. However, the Court also held that there are exceptions to this.

A professional driver taking drugs may justify exceptional notice of dismissal with immediate effect. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court, in its ruling of October 20, 2016 (Az.: 6 AZR 471/15).

If an employee falls ill and is unfit for work, he has a right to continue to be remunerated for six weeks. Should he become sick again during this period, this does not result in said timeframe being extended.

The Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, has strengthened the rights of buyers and consumers in two recent rulings in the event of defects occurring in the object of sale (Az.: VIII ZR 103/15 and VIII ZR 240/15).

In light of the European Commissionâs ruling, those that have suffered as a result of the truck cartel are now able to claim damages. That being said, it is important for them to not lose sight of the statute of limitations.

If the works council no longer indicates a willingness to continue negotiations to prevent collective redundancies, the employer can consider the consultation process pursuant to sec 17(2) of the KĂŒndigungsschutzgesetz (KSchG) [German Employment Protection Act] to have come to an end.

If a debtor asks to pay in instalments, the creditor should not necessarily infer from this that the former has stopped making payments. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice.

In its ruling of September 21, 2016, the Court of Justice of the European Union confirmed that cosmetics which were produced with the help of animal testing are subject to a widespread sales ban within the EU (Az.: C-592/14).

Interest rates for building loans were considerably higher between 2010 and 2013 than they are today. Consequently, it may well be worthwhile withdrawing from real estate loans that were taken out after June 10, 2010.

If a lot of employees at a company fall ill at the same time, this may be problematic for the business. If, however, the employees are only pretending to be too sick to work, this could have employment-related consequences for them.

The declarations from the years 2008, 2010 and 2014 concerning the universal application of the collective agreement on social security procedures in the construction sector have been overturned and declared invalid by the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court.

If an employer wishes to apply a fixed term to an employment contract, it needs to have an objective justification or the fixed term cannot exceed two years. A recent ruling of the Court of Justice of the European Union (CJEU) underlines this.

It is not necessary for an employer to obtain the consent of the works council in order to employ workers from a subsidiary company at weekends for the purposes of performing specific work. That was the verdict of the Landesarbeitsgericht (LAG) Hamm [Higher Regional Court of Hamm] (13 TaBVGa 8/16).

As demonstrated by a ruling of the Oberlandesgericht (OLG) NĂŒrnberg [Higher Regional Court of Nuremberg], flawed guidance on the right of withdrawal can also be found in real estate loans concluded after June 10, 2010. That means that it is possible to withdraw from these.

A will not only provides the opportunity to designate heirs but also to exclude people from the inheritance. It is not necessary to mention the heirs in a so-called âNegativtestamentâ (negative will).

Simply advertising counterfeit products of an artist is sufficient to constitute an infringement of his rights under copyright law. This comes from a ruling of the Bundesgerichtshof (BGH), Germanyâs Federal Constitutional Court (Az.: I ZR 88/13).

Businesses are not allowed to promise consumers savings when advertising discounts if these savings do not actually exist. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice (Az.: I ZR 31/15).

Banks and savings banks continued to make use of flawed guidance on the right of withdrawal with respect to loan agreements even after June 10, 2010. In many cases, it remains possible to withdraw from these loans.

If a word mark is registered in relation to romance novels, among other things, a magazine bearing the same name does not necessarily infringe the rights protected under trademark law. That was the verdict of the Oberlandesgericht (OLG) Hamburg [Higher Regional Court of Hamburg].

Five truck manufacturers illegally fixed the prices of vehicles, among other things, over a period of 14 years. The financial loss incurred by forwarders and other transportation companies is enormous.

Old houses often have quirks that are not immediately noticeable. If the seller of one such property fails to fulfil his obligations to disclose and provide information, it may be possible to rescind the purchase agreement.

Food products which give the impression that they contain ingredients when this is not in fact the case are misleading to consumers. That was the verdict of the Landgericht (LG) Amberg [Regional Court of Amberg] (Az.: 41 HKO 497/16).

Anybody who insults their employer or superiors on social networks ought to anticipate the possibility of being dismissed without notice. Having said that, this is ultimately decided on a case-by-case basis.

It is possible even in the absence of an objective reason to apply a fixed term of two years to an employment contract if there had previously been work-from-home arrangements. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court.

As in the case of a managing director of a German Gesellschaft mit beschrĂ€nkter Haftung (GmbH) [private limited company], the director of a limited company (ltd.) can also be liable if payments are made after the company becomes insolvent.

Gifts made more than ten years ago will no longer be taken into account in inheritance cases when calculating the compulsory portion. Having said that, there are exceptions which render this time limit inapplicable.

A lot of breweries name their beer after the location where it is brewed. As demonstrated by a ruling of the Oberlandesgericht (OLG) MĂŒnchen [Higher Regional Court of Munich], the name is not always an indication of geographical origin as well.

Calculating the compulsory portion is often a matter of contention when it comes to the distribution of an estate. The Oberlandesgericht (OLG) Koblenz has ruled that the beneficiary of a compulsory portion is also obligated to provide the heir with information.

When faced with the prospect of imminent death, the testator can prepare a nuncupative will provided certain conditions are met. For this to happen, he needs to still be capable of making a will and three witnesses have to be present.

The Bundeskartellamt, Germanyâs federal cartel office, has imposed a fine amounting to millions of euros against three television studios for unlawfully exchanging important information. It could not be proven that illegal agreements existed.

Different types of company present businesses with advantages as well as disadvantages, which is why it is particularly important during the start-up phase to think carefully when choosing the right corporate form.

Anyone who denotes goods as available for delivery despite the fact that they are sold out is violating competition law. This comes from a ruling of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm] (4 U 69/15).

Product counterfeiting is responsible for enormous economic damage. According to a ruling of the Court of Justice of the European Union (CJEU), legal action can be taken against marketplace operators who allocate selling areas for counterfeit products.

In cases involving inheritance disputes, it is possible for the testatorâs doctor to be released from doctor-patient confidentiality. That was the verdict of the Oberlandesgericht (OLG) Koblenz [Higher Regional Court of Koblenz] (Az.: 12 W 538/15).

The reforms to inheritance tax should have been cut and dried long ago. The Bundesverfassungsgericht (BVerfG), Germanyâs Federal Constitutional Court, is now once again exerting pressure because of the failure to reach an agreement on policy.

Requests for information directed at a co-heir need to be answered with utmost care. That was the verdict of the Oberlandesgericht (OLG) MĂŒnchen [Higher Regional Court of Munich] in its ruling of February 17, 2016 (Az.: 20 U 126/15).

If a trade union breaches its duty not to engage in industrial action as stipulated in a collective agreement, it renders itself liable to pay damages vis-Ă -vis its contractual partner. This follows from a recent ruling of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court.

The Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, has ruled that if a company redeems competitorâs discount vouchers this is generally not considered to be unfair and does not constitute a violation of competition law (Az.: I ZR 137/15).

No distinction is made between âMacâ and âMcâ for the purposes of trademark law. The General Court of the European Union (EGC) ruled that whether the syllable includes an âaâ is of no great significance (Az.: T-518/13).

The inheritance tax reforms have still yet to be finalized. With the Bundesrat, the upper house of the German parliament, having blocked the draft legislation on July 8, no further decision is expected to be taken before the autumn.

If a purchased item is defective, the buyer can demand that subsequent remedial action be taken. According to a recent ruling of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, âunverzĂŒglichâ (immediately) is an acceptable deadline in relation to this remedial work.

A shade of the colour red used by a German bank shall continue to enjoy trademark protection. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, in its ruling of July 21, 2016 (Az. I ZB 52/15).

Anyone who does not wish to be subject to the rules of intestate succession can set out arrangements for their estate in a will or contract of inheritance. A contract of inheritance has a strong binding effect.

It has since become common for contracts with real estate brokers to be concluded online or by email. It is possible to withdraw from these contracts provided the statutory notice periods are observed.

Guidance on the right of withdrawal featuring the footnote âNicht fĂŒr FernabsatzgeschĂ€fteâ (not for long-distance transactions) is ineffective. The Oberlandesgericht (OLG) DĂŒsseldorf [Higher Regional Court of DĂŒsseldorf] ruled that it is possible to effectively withdraw from loans accompanied by this kind of guidance.

According to a ruling of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, from July 12, it is possible to effectively withdraw from loan agreements featuring the wording that the withdrawal period shall commence âfrĂŒhestens mit dem Erhalt dieser Belehrungâ [at the earliest upon receipt of this guidance] (Az.: XI ZR 564/15).

As demonstrated by a ruling of the Oberlandesgericht (OLG) KĂ¶ln [Higher Regional Court of Cologne] from July 1, 2016, associated risks and side effects need to be taken into account not only in relation to medications but also advertising for pharmaceuticals (Az.: 6 U 151/15).

Even in the event of dismissal, the employer is not obliged to grant any remaining holiday entitlement of its own accord. The entitlement lapses if the employee fails to make an appropriate formal request.

The lack of a manufacturerâs warranty when purchasing a used vehicle may represent a material defect that justifies the buyer rescinding the purchase agreement. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice.

If, after becoming aware of what is termed a âPflichtteilsstrafklauselâ (compulsory portion penalty clause), an heir refrains from asserting his right to a compulsory portion of the estate, he will not be limited to this compulsory portion in the event of succession.

Proper written form should always be observed when it comes to commercial tenancy and lease agreements. Oral agreements may not be effective in cases where there is doubt, as demonstrated by a recent ruling of the Oberlandesgericht (OLG) Dresden [Higher Regional Court of Dresden].

Claims arising from a D&O (Directors & Officers) insurance policy can be ceded to the employer. That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, in its ruling of April 13, 2016 (Az.: IV ZR 304/13).

Infringements of competition law or antitrust law can prove to be costly for businesses. That much is clear from the annual report for 2015 that was recently published by the Bundeskartellamt, Germanyâs Federal Cartel Office.

Family homes can only be passed on to oneâs spouse or children free of tax if certain conditions are met. That was the verdict of the Finanzgericht (FG) MĂŒnchen [Fiscal Court of Munich] in one of its recent rulings.

It is important to bear in mind when removing a managing director from his post for good cause that an employment relationship exists as well. These two legal relationships ought to be considered separately.

A Berliner Testament (Berlin will) is a widespread form of will in which spouses mutually appoint each other as sole heirs. While this spousal will offers many advantages, it also entails potential disadvantages.

The Bundesverfassungsgericht, Germanyâs Federal Constitutional Court, recently had to grapple with the issue of whether greater value ought to be attached to artistic freedom or copyright law in a given case. In its judgment of May 31, the Court chose to bolster artistic freedom (Az. 1 BvR 1585/13).

Anyone who does not wish to have their estate distributed in accordance with the rules of intestate succession needs to prepare a will or contract of inheritance. In order to prevent disputes from occurring, it is important that the testatorâs final wishes be clear.

The right of withdrawal for real estate loans concluded between November 2, 2002 and June 10, 2010 is set to come to an end on June 21, 2016. In the case of more recent agreements, withdrawal remains an option.

While the right of withdrawal for real estate loans concluded between 2002 and 2010 is set to come to an end on June 21, the courts will continue to grapple with the subject of withdrawal beyond this date.

The favourable environment is contributing to the increasing significance of M&A transactions among German businesses again, with mergers and acquisitions supposed to be a way for companies to strengthen their market position.

One important issue when establishing a company is choosing the appropriate legal form. Lawyers at GRP Rainer are able to assess the respective pros and cons as well as advise businesses when reaching their decision.

Germanyâs federal and regional state governments want to step up their measures once again in the fight against tax evasion and hang out tax havens to dry. Voluntary disclosure leading to immunity represents a way out for tax evaders.

While what are sometimes referred to as patchwork or blended families are no longer unusual today, succession law continues to lag behind social change. For this reason, those concerned ought to give thought to preparing a will early on.

Since the beginning of the year, the MS Conny Schifffahrtsgesellschaft mbH & Co. KG (a shipping company) has been the subject of insolvency proceedings (Az.: 504 IN 16/15). The fund vessel MS Cornelia now appears to have been sold.

The German railway company Deutsche Bahn must allow for more competition. The Bundeskartellamt, Germanyâs Federal Cartel Office, found that the company had abused its dominant market position with respect to the sale of rail tickets.

Video surveillance at the workplace does not inevitably give rise to claims for damages. That was the verdict of the Landesarbeitsgericht (LAG) Sachsen-Anhalt [Regional Labour Court of Saxony-Anhalt] (Az.: 6 Sa 301/14).

Those who still want to withdraw from real estate loans concluded between 2002 and 2010 should take action now while the right of withdrawal is on its last legs. This get-out-of-jail-free card is set to lapse shortly.

The legislature has deliberately maintained the option for tax dodgers to return to a state of tax compliance by means of voluntary disclosure leading to immunity. Professional assistance is vital in this context.

The Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, was supposed to rule on May 31 on withdrawing from a loan in the case of a so-called âverbundenes GeschĂ€ftâ (linked transaction). This will no longer happen because the bank has withdrawn its appeal.

Unauthorized private use of a work computer can justify dismissal without notice. That was the verdict of the Landesarbeitsgericht (LAG) Sachsen-Anhalt [Regional Labour Court of Saxony-Anhalt] in its ruling of May 26, 2016.

âNettopolicenâ are insurance policies with respect to which the premiums do not include commission for brokering the insurance contract. When concluding these insurance policies, insurance intermediaries have to point out and document that the separate payment arrangements continue to apply even if the policies are cancelled.

Loans can be tied to a specific purpose when they are issued. A case involving withdrawal from a loan tied to what is termed a âverbundenes GeschĂ€ftâ [linked transaction] will come before the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, on May 31 (Az.: XI ZR 511/15).

Just before the so-called âewiges Widerrufsrechtâ [perpetual right of withdrawal] was set to lapse, a ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] has given this get-out-of-jail-free card renewed momentum. In doing so, the OLG has once again aligned itself with consumers.

If certificates or marks of origin are used for promotional purposes but the products are produced elsewhere, this may constitute an infringement of competition law. That was the verdict of the Landgericht (LG) Magdeburg [Regional Court of Magdeburg].

Official instructions from oneâs superior do not automatically amount to bullying. That was the verdict of the Landesarbeitsgericht Niedersachsen (Regional Labour Court of Lower Saxony) on February 3, 2016 (Az.: 2 Sa 441/15).

If an employee fails to observe the required written form when claiming parental leave, the employer is entitled to dismiss the employee. That was the verdict of the Bundesarbeitsgericht (BAG), Germanyâs Federal Labour Court (Az.: 9 AZR 145/15).

When it comes to fixed-term employment contracts linked to a specific assignment, employers need to take care and precisely define when the assignment in question has been fulfilled. Temporary employment can otherwise turn into a permanent position.

Divorce results in any mutual inheritance claims between former spouses lapsing. However, it is possible for these to indirectly arise again. A âGeschiedenen-Testamentâ (divorcee will) can then prove to be useful.

Under a very narrow set of circumstances, it is possible for legal heirs to have their entitlement to the statutory compulsory portion revoked. This is evident from a ruling of the Landgericht (LG) Landshut [Regional Court of Landshut] of March 4, 2016 (Az.: 54 O 2287/12).

A âBerliner Testamentâ is a popular form of will in Germany among spouses, as it enables them to provide each other with financial security and mutually appoint one another as sole heirs. However, it also entails disadvantages such as its strong binding effect.

At the end of March, the Bundeskartellamt, Germanyâs Federal Cartel Office, imposed fines amounting to around 21 million euros against the so-called âSanitĂ€r-Kartellâ (cartel in the sanitary sector) on account of anti-competitive agreements.

Withdrawal can prove to be an extremely attractive proposition from a financial perspective, even for consumers whose loans have already been paid off. That being said, withdrawal should certainly be carried out before June 21, 2016.

Anyone who withdraws from a real estate loan concluded between 2002 and 2010 stands to potentially benefit from low interest rates and save a lot of money. Having said that, withdrawal only remains an option until June 21, 2016.

Advertising for pharmaceuticals is impermissible if the content of a promotional statement is not based on sound scientific evidence. That was the verdict of the Oberlandesgericht Koblenz (OLG) [Higher Regional Court of Koblenz].

The European Commission has expanded its proceedings against an internet company on account of possible infringements of antitrust law. The latter is said to have potentially abused its dominant market position.

Family disputes can become deeply entrenched and are then no longer capable of being resolved. This can give rise to the desire to disinherit oneâs relatives. For this to happen, a will needs to be prepared.

According to a ruling of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, discontinuing life-sustaining measures can render the personal responsible unworthy of inheriting in the absence of a living will (Az.: IV ZR 400/14).

Everything has its limits, including negotiations concerning a wage increase. As demonstrated by a ruling of the Landesarbeitsgericht Schleswig-Holstein (LAG) [Regional Labour Court of Schleswig-Holstein], these can even end with the dismissal of the employee.

It is particularly easy for disputes to arise in cases involving communities of heirs. Anyone who refuses to accept an official or notarial letter in the context of inheritance disputes may end up drawing the short straw.

Persistent refusal by an employee to perform his work duties as laid out in the employment contract can give rise to extraordinary and immediate dismissal. That was the verdict of Germanyâs Federal Labour Court, the Bundesarbeitsgericht (BAG).

Even minor deviations from the respective standard guidance render guidance on the right of withdrawal flawed in the case of loan agreements. In most cases, it is still possible to withdraw from these.

There have been many instances of banks and savings banks using ambiguous statements in guidance on the right of withdrawal regarding the commencement of the withdrawal period. Consequently, it is still possible to withdraw from these loans even years after they were taken out in most cases.

The countdown is on for withdrawing from real estate loans. The deadline for withdrawing from legacy contracts is June 21, 2016. After this date, the so-called âewiges Widerrufsrechtâ (perpetual right of withdrawal) will cease to exist.

Another hearing before the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, concerning withdrawal from consumer loans has been scheduled for May 24 (XI ZR 366/15). The BGH will then have to rule on an appeal brought by a bank.

If the guidance on the right of withdrawal in a loan agreement includes the words âdie Widerrufsfrist beginnt frĂŒhestens mit Erhalt dieser Belehrungâ (the withdrawal period shall commence at the earliest upon receipt of this guidance), withdrawal is likely to be an option.

It is often possible to save several thousand euros by withdrawing from a real estate loan. Having said that, this so-called âewiges Widerrufsrechtâ, or perpetual right of withdrawal, shall cease to exist for legacy contracts on June 21, 2016.

Faced with his imminent death, a testator is still able to prepare a nuncupative will, i.e. a will to which three persons are witnesses. However, this needs to satisfy strict conditions for it to be effective.

The term âSpaâ is not a generic name for cosmetics and cannot be registered as a Community trademark. That was the verdict of the General Court of the European Union in its ruling of March 16 (T-201/14).

The Bundesgerichtshof (BGH), Germanyâs Federal Constitutional Court, has ruled that advertising for textiles need not mention their composition if the promotional brochure does not offer the opportunity to order.

The allocation of tickets for the UEFA European Championship in France has triggered the involvement of the Bundeskartellamt, Germanyâs Federal Cartel Office. On March 22, 2016, it confirmed that it had instituted proceedings on account of exploitative abuse.

There are many pressing issues that arise when it comes to succession. For instance, testators have to decide whether they want to rely on the rules of intestate succession or prepare a will or contract of inheritance.

The entry into force of the Wohnimmobilienkreditrichtlinie heralds the end of the so-called âewiges Widerrufsrechtâ (perpetual right of withdrawal) for real estate loans. It will no longer be possible to withdraw from legacy contracts from June 21, 2016.

According to the Bundesgerichtshofâs (BGH) ruling of March 16, in which it bolstered consumersâ right of withdrawal, consumersâ reasons for availing themselves of their right of withdrawal are irrelevant.

Large packaging but little in the way of contents. The OLG Hamburg (Higher Regional Court of Hamburg) has ruled that this kind of misleading packaging sizes may infringe competition law (Az.: 3 U 20715).

For documents to be recognized as a will, it needs to be possible to discern a serious intention to prepare a will. That was the verdict of the OLG Frankfurt (Higher Regional Court of Frankfurt) (Az.: 20 W 155/15).

Health claims pertaining to foods have to satisfy strict requirements if they are to avoid infringing competition law. That was the verdict of the Landgericht Rostock (Regional Court of Rostock) in a recent ruling.

Companies promoting their products need to ensure that consumers have a realistic opportunity to purchase them. That was the verdict of the OLG Koblenz (Higher Regional Court of Koblenz) in a recent ruling.

The use of a third-party trademark in comparative advertising does not automatically constitute an infringement of trademark law. That was the decision of the Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice (Az.: I ZR 167/13).

If over the course of its history a company was split up, advertising featuring the companyâs history may be misleading. That was the verdict of the OLG Frankfurt (Higher Regional Court of Frankfurt) in a recent ruling (6 U 167/14).

In order for a will to be effective, it must be possible to discern a serious intention to draft a will. That was the verdict of the OLG Hamm (Higher Regional Court of Hamm) in its ruling of November 27, 2015 (Az.: 10 W 153/15).

The Bundesgerichtshof (BGH), Germanyâs Federal Court of Justice, has once again strengthened the rights of consumers when withdrawing from pension schemes and life insurance policies with its ruling of October 14, 2015 (Az.: IV ZR 284/12).

Non-competition clauses agreed between employer and employee with no provision for compensation for the period of non-competition are generally invalid. However, the LAG Hamm (Regional Labour Court of Hamm) recently reached a different conclusion (Az.: 10 Sa 67/15).

According to a ruling of the Bundesgerichtshof (BGH) [Federal Court of Justice], client protection clauses between a GmbH and a withdrawing shareholder are null and void if their term goes beyond what is necessary (Az.: II ZR 369/13).

Calculating an heirâs compulsory portion is challenging if the testator was merely a co-owner of a property. Last year, the Bundesgerichtshof (BGH) [Federal Court of Justice] had to get to grips with this very issue.

The Bundesanstalt fĂŒr Finanzdienstleistungsaufsicht (BaFin) [Federal Financial Supervisory Authority] has ordered that K.i.B. Kompetenz in Beratung GmbH wind up its unauthorized retail deposit business and any money received be paid back to investors immediately.

A ruling of the Arbeitsgericht Berlin (Labour Court of Berlin) is causing a sensation. According to this, heirs can have the holiday entitlement of a deceased employee paid out to them. The Bundesarbeitsgericht (BAG) [Federal Labour Court] came to a different conclusion.

Children are an interesting target audience in the field of advertising. That being said, it is important for businesses to be careful not to infringe Germanyâs Gesetz gegen den unlauteren Wettbewerb (Unfair Competition Act).

If an employee fiddles his working hours, this may entitle his employer to terminate the employment contract without notice. That was the ruling reached by the Landesarbeitsgericht Mainz (Regional Labour Court of Mainz) (Az.: 8 Sa 363/14).

Germanyâs Federal Cartel Office, the Bundeskartellamt, has brought a close to the so-called âSchienenfallâ (rail case) and imposed a fine amounting to millions of euros on a rail company for illegal price-fixing agreements.

The new regulation concerning European Union trade marks is set to come into force on March 23, 2016. What has hitherto been known as a Community trade mark will then become a European Union trade mark.

In its ruling of February 24, the General Court of the European Union (EGC) rejected a legal action brought by a well-known soft drinks manufacturer to register a bottle without fluting as a Community trademark (T-411/14).

The issue of withdrawing from loans is to be addressed once again by the Bundesgerichtshof (BGH) [Germanyâs Federal Court of Justice] on April 5 (XI ZR 478/15). A consumer had prematurely paid off and later withdrawn from his loan agreements.

Anybody who fails to prepare a will ought to be aware that the rules of intestate succession shall apply. These are not necessarily consistent with the testatorâs wishes and may entail various other disadvantages.

The controversial plans to do away with what is termed the âewiges Widerrufsrechtâ (perpetual right of withdrawal) in cases involving real estate loans have been met with criticism from political quarters. The Bundesrat (the upper house of the German parliament) considers the case for a longer transitional period to be justified.

According to a ruling of the OLG Frankfurt (Higher Regional Court of Frankfurt), the right to withdraw from a loan is not forfeited even after years have passed since the conclusion of the loan agreement (Az.: 23 U 24/15).

An estate not only encompasses assets but also any debts of the testator. It is possible for the acceptance of an inheritance to be challenged due to a misapprehension regarding commercially material characteristics.

Anyone who is still considering withdrawing from a loan ought to act now. The German Bundestag has resolved to do away with the option to withdraw. Thus, withdrawal is only possible until June 21, 2016.

In a so-called âBerliner Testamentâ (Berlin will), spouses mutually appoint each other as sole heirs. This is meant to provide the surviving spouse with economic security. The children are usually designated as final heirs.

Complex tax legislation and changes to the rules can result in mistakes being made by businesses when it comes to tax matters. An efficient tax compliance management system helps to prevent mistakes and avoid sanctions.

On March 2, the Bundeskartellamt (Germanyâs Federal Cartel Office) commenced proceedings against an internet giant. According to the Federal Cartel Office, there is reason to suspect that the company has abused its dominant market position.

Clauses in Riester retirement plans (government-subsidized private pension schemes) dealing with surplus sharing have been declared ineffective by the BGH (Bundesgerichtshof â Federal Court of Justice) (Az.: IV ZR 38/14). Consumers may also be able to withdraw from their pension schemes and life insurance policies.

In its ruling of December 3, 2015, the Bundesgerichtshof (Federal Court of Justice) invalidated a post-contractual non-competition clause in a commercial agency agreement (Az.: VII ZR 100/15).

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Commercial agents often have post-contractual non-competition clauses in their contracts. These clauses are not always effective.

The BGH held in its ruling of December 3, 2015 that the following provision from a commercial agency agreement, formulated by the principal as a general business term, was ineffective because it violated the requirement for transparency: âThe financial advisor undertakes for a period of two years after termination of the agency relationship to refrain from poaching or attempting to poach clients from the companyâ (Der VermĂ¶gensberater verpflichtet sich, es fĂŒr die Dauer von zwei Jahren nach Beendigung des HandelsvertreterverhĂ€ltnisses zu unterlassen, der Gesellschaft Kunden abzuwerben oder dies auch nur zu versuchen).

In the instant case, the company asserted claims against its former commercial agent, arguing that he had violated the post-contractual non-competition clause and poached clients. The commercial agency agreement stipulated, among other things, that the agent was not allowed to poach or attempt to poach clients for a period of two years after termination of the agreement. The contractual relationship came to an end in 2011. In the period of time between 2012 and 2013, the agent was said to have tried to poach clients. The company therefore sued for damages. However, the BGH dismissed this claim.

The Karlsruhe judges held that no effective post-contractual restraint on competition had been arranged, as the contractual provision in question was invalid due to its violation of the requirement for transparency. They went on to say that the non-competition clause was not worded clearly or precisely enough and not in sufficiently understandable terms. The economic disadvantages needed to have been clear from examining the contractual provisions. The issue of whether the post-contractual non-competition clause was ineffective for this reason was immaterial inasmuch as no compensation had been arranged for the period of non-competition, despite the fact that an obligation on the part of the company to pay the commercial agent reasonable compensation for the period of non-competition could be directly inferred from legislation.

It is equally important when preparing contracts for companies and commercial agents to pay attention to proper wording in order to avoid legal disputes at a later date. This also applies to post-contractual non-competition clauses. Lawyers who are competent in the field of commercial law can advise on drafting contracts.

Anyone who has evaded taxes is still able to submit a voluntary declaration that can lead to immunity. With the help of a successful voluntary declaration, it is possible to avoid a conviction for tax evasion.

Two financial institutions have been arguing over the use of a particular shade of red for a long time. The Bundesgerichtshof (BGH) [Germanyâs Federal Court of Justice] has to deliver its ruling on April 21 regarding this trademark dispute.

In its ruling of October 26, 2015, the Oberverwaltungsgericht NRW (Higher Administrative Court of North Rhine-Westphalia) held that in-house organic seals on pharmaceuticals may constitute prohibited advertising (Az.: 13A 2597/14).

According to a judgment of the Bundesarbeitsgericht (German Federal Labour Court), even a mere interest-free loan for a competing company has the potential to violate a post-contractual restraint on competition (Az.: 10 AZR 260/14).

Promotional discounts can give rise to unfair predatory competition and infringe competition law. The Landgericht Frankfurt (Regional Court of Frankfurt) prohibited a promotional discount from the provider of a taxi app for this very reason.

According to a ruling of the OLG Schleswig (Higher Regional Court of Schleswig) from July 16, 2015, if a will is not precisely dated then the testamentary disposition may be ineffective (Az.: 3 Wx 53/15).

If only a copy of a will is available then high standards will be applied to the hearing of evidence before a certificate of inheritance can be granted.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: In its ruling of October 8, 2015, the Oberlandesgericht Karlsruhe (Higher Regional Court of Karlsruhe) held that in cases where the original will can no longer be located, a particularly rigorous approach needs to be taken to clarifying whether the copy matches the missing original if the authority in question is to comply with its obligation to examine the facts of its own motion. To this end, it is generally necessary for a formal hearing of evidence with strict rules of proof to take place by hearing witnesses (11 Wx 78/14).

In the case in question, the testator had prepared a joint spousal will with his wife in which they mutually appointed each other as sole heirs. After the husband passed away, it was no longer possible to locate the will. However, since copies did exist, the wife presented one of these to the probate court and applied for a certificate of inheritance, which the probate court subsequently granted. In doing so, it based its decision on the wifeâs affidavit. This stated that she had drawn up a joint will with the deceased and that the signature on the copy was his.

One of the sons lodged an appeal against this ruling. He argued that the signature attributed to his father could not be authentic and submitted another signature for comparison. He was also critical of the fact that the probate court had omitted to formally hear evidence. The OLG then obtained an expert opinion for the purposes of determining whether the deceasedâs signature was authentic. Based on the expert opinion and after hearing the witnesses, it reached the conclusion that the signature was authentic and that the copy which had been submitted did match the original will. Having said that, a copy of a will does not satisfy the requirements for a formally valid handwritten will and therefore no hereditary title could be derived from the copy. The Court went on to say that the copy could only become effective like the original will if after hearing the evidence the exact contents of the disposition were apparent as well as the fact that the disposition had been drawn up in a formally valid manner.

When preparing a will, the testator should make sure that it can be located after his death. Furthermore, it ought to be drafted as clearly as possible so that no doubts are raised concerning the authenticity of the testamentary disposition. Lawyers who are competent in the field of succession law can advise on matters pertaining to succession.

Two members of a mail order companyâs works council failed with their claim before the Landesarbeitsgericht Berlin-Brandenburg (Regional Labour Court of Berlin-Brandenburg) to be transferred to a permanent employment contract (Az.: 23 Sa 1445/15; 23 Sa 1446/15).

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: The Christmas shopping season gives rise to an increased demand for labour at mail order companies. Accordingly, more workers are taken on during this time on a temporary basis. Come the end of the year, it may be the case that a portion of these workers are kept on as the circumstances require and depending on their work performanceâ some with fixed-term employment contracts, others with permanent employment contracts.

<> According to a judgment of the LG Hamburg (Regional Court of Hamburg), extending fixed-term promotional discounts for no particular reason constitutes an infringement of competition law.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Fixed-term promotional discounts are an important form of advertising for many businesses. With bargain promotions, it is possible to purposefully attract customers. In principle, there is nothing wrong with this. That being said, individual stores are not allowed to arbitrarily extend the timeframe for these kinds of promotions for no particular reason. According to a ruling of the Landgericht Hamburg from June 17, 2015, this advertising could then be misleading to consumers and thus constitute an infringement of competition law (Az.: 408 HKO 17/14).

Even during carnival time there are limits. According to a ruling of the LAG DĂŒsseldorf (Regional Labour Court of DĂŒsseldorf), anyone misbehaving too much during office festivities for carnival risks being fired (13 Sa 957/15).

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: In large parts of Germany, carnival celebrations have reached their critical phase. Carnival is also celebrated within a lot of businesses, but those celebrating should not let things get out of hand lest they run the risk of being fired. This was made clear by a ruling of the Landesarbeitsgericht DĂŒsseldorf of December 22, 2015 affirming the dismissal without notice of a severely disabled employee.

According to a ruling of the LAG Berlin-Brandenburg (Regional Labour Court of Berlin-Brandenburg), an employer can terminate an employment contract without notice if it has good cause to do so (Az.: 17 Sa 810/15).

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Employment law stipulates that termination of an employment contract without notice is possible if the employee is accused of having grossly violated his duties and it would no longer be reasonable to expect the employer to have to continue employing the worker until the next termination date under the ordinary rules for dismissal. The matter of when a breach of duty is sufficiently serious such that continuing the employment relationship becomes unreasonable is often contentious. It might have been enough for the employer to have issued a formal written warning or notice of ordinary termination (i.e. termination with notice).

The new EU succession law regime has been in force since August 17. The EU regulation concerning succession law could have serious implications for both testators and heirs. For this reason, it may be advisable to prepare a will.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: The new EU regulation on succession law primarily concerns those who have a permanent residence abroad. Sunny countries such as Spain, Italy and France have long ceased to be just another holiday destination for many Germans who may have acquired property and wish to spend their twilight years there. This can have implications for succession, as the new EU regulation dealing with succession law provides that it is the country in which the testator was habitually resident whose succession laws shall apply. The so-called residence principle thus replaces nationality as the decisive factor. The applicable succession laws are then applied to the entire estate, even if the assets are spread across several countries. The regulation is applicable within the EU, with the exception of the United Kingdom, Ireland and Denmark.

According to a ruling of the OLG Hamm (Higher Regional Court of Hamm), it is possible to revoke a life insurance plan even after the policy has already been cancelled (Az.: 20 U 56/14).

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: It is possible to unravel life insurance policies and pension schemes even if the policy or scheme in question was cancelled prior to notice of withdrawal being announced. That was the decision of the Oberlandesgericht Hamm in its ruling of June 17, 2016.

The case before the OLG Hamm concerned the withdrawal of a policyholder from a life insurance policy that he had concluded in 2003. He cancelled the policy in 2006 and up until then had paid 32,800 euros in total contributions. The insurer accepted the cancellation and paid a surrender value of around 14,300 euros. The consumer eventually announced his withdrawal from the policy in September 2010 and requested that the insurer reimburse the premiums he had paid, claiming that he had not been properly informed about his right of revocation. The insurer took a different view, with the result that the consumerâs claim ultimately ended up before the OLG Hamm.

The OLG found in favour of the consumer. It stated that he had not been properly informed about his right of revocation. The guidance provided lacked the necessary clarity because it did not stand out sufficiently from the rest of the contractâs text. Regarding the substance of the policy, the Court went on to say that it did not adequately outline that the period for withdrawal does not begin until after the certificate of insurance, insurance terms and conditions, and any other information that is to be made available to consumers have been handed over. Moreover, it was not made sufficiently clear to the consumer that for the period of withdrawal to be initiated it was necessary for the certificate of insurance, insurance terms and conditions, and any other consumer information to be handed over.

The OLG also held that prior cancellation of the insurance contract was not an obstacle to withdrawal at a later date. The lack of proper instructions concerning the right of revocation meant that the consumer was not able to properly exercise his right to choose between cancellation and withdrawal, as he was not sufficiently aware of his option to withdraw.

Consumers who wish to revoke their life insurance policy can turn to lawyers who are versed in the fields of banking and capital markets law.

The reform of inheritance tax could entail a greater burden on company heirs in the context of business succession than was hitherto thought to be the case. The governmentâs plans are coming under fire.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: The issue of business succession is high on the agenda of many family businesses. The older generation wishes to slowly withdraw from the business and retire, and the children or other relatives are supposed to continue running the firm. The necessary reform of inheritance tax could place a greater burden on company heirs in the course of this than has hitherto been assumed.

Anyone who wishes to arrange their estate according to a contract of inheritance should note that a contract of inheritance can have a strong binding effect, as demonstrated by a ruling of the OLG MĂŒnchen (Higher Regional Court of Munich) (31 Wx 280/14).

Company founders have to come to a decision regarding the corporate form of their new business. The favourite is often the Gesellschaft mit beschrĂ€nkter Haftung (limited liability company) â GmbH.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Anyone who wishes to go into business for themselves and establish a company needs to choose a suitable corporate form. The Gesellschaft mit beschrĂ€nkter Haftung, or GmbH for short, is among the most popular corporate forms when establishing new companies and start-ups.

One of the main advantages associated with GmbHs is the limited risk of liability. The company is liable to the extent of its share capital, whereas the shareholders cannot, save for a few exceptions, be personally subject to claims for the companyâs liabilities. Furthermore, the GmbH allows for significant creative leeway, and one ought to take advantage of this. Company founders can seek legal advice from lawyers who are competent in the field of company law when choosing the right corporate form.

In order to establish a GmbH, it is necessary for there to be at least one shareholder. Additionally, the GmbH has to have a managing director. The required share capital in the amount of 25,000 euros sometimes represents an obstacle for company founders, but it does not have to be paid immediately; for the purposes of registering in the commercial register, it is sufficient to pay half of this. Moreover, it is possible for the contribution to take the form of tangible assets, e.g. a car, real estate etc. The share capital also represents the GmbHâs liability threshold. While the shareholders are not, as a matter of principle, liable with their private assets for the GmbHâs liabilities, they might be obligated to pay damages if they deliberately damage the company in a way that is contra bonos mores. The managing director, on the other hand, may be liable if he has breached his obligations.

A more favourable alternative to a GmbH in the start-up phase is the so-called Unternehmergesellschaft (entrepreneurial company). In the case of a UG, only one euroâs worth of share capital is necessary. However, this advantage is qualified by the fact that a quarter of any profits generated needs to go towards reaching the same level of initial investment that applies to GmbHs.

Choosing a suitable corporate form can have a decisive impact on the success of a business, as the various types of company entail different rights and obligations, including from a tax perspective. That is why one ought to obtain competent legal advice.

Investors in open-ended real estate funds which have since gone into liquidation can still assert claims for damages. Their prospects have improved thanks to the jurisprudence of the Bundesgerichtshof (German Federal Court of Justice).

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: As a result of the outbreak of the 2008 financial crisis, investors in open-ended real estate funds were amongst those particularly affected by the realisation that the much-vaunted Betongold â literally concrete gold â is by no means a risk-free investment. A lot of open-ended real estate funds were forced to close, with investors being unable to redeem their shares.

To date, there are still large numbers of open-ended real estate funds that are currently in liquidation. During this phase, attempts are made to sell the fund properties. The investors receive rotational payments, the amount of which is largely dependent on the sales revenue. While financial losses are a possibility here, the investors do not necessarily have to be stuck with these losses; they are still able to assert claims for damages.

The basis of any such damages claims could be erroneous investment advice, since the intermediary banks ought to have comprehensively informed the investors in the consultation meetings, among other things, about the workings and risks associated with an open-ended real estate fund. Following a long period of uncertainty as to whether the possibility of the fund closing should be classed as a risk with respect to which one has to be informed, the Bundesgerichtshof provided clarity and came to a consumer-friendly conclusion last year.

The BGH held that intermediary banks need to explain the risk of open-ended real estate funds closing without being asked to do so, as the possibility of the ability to redeem oneâs shares being suspended represents a constant liquidity risk for the investors during their investment phase. If the bank concealed this risk, it has thereby rendered itself liable to pay damages. The Karlsruhe judges went on to state that the obligation to inform is in no way contingent upon whether or not the closure of the fund was foreseeable at the time the agreement was concluded.

This case law from Germanyâs supreme court presents numerous investors in open-ended real estate funds with the chance to assert their claims for damages. Having said that, it needs to be assessed on a case-by-case basis whether the bank in question has breached its obligation to provide advice. Investors can turn to lawyers who are versed in the fields of banking and capital markets law to examine and enforce their claims.

The Bundeskartellamt (German Federal Cartel Office) has prohibited a hotel reservation portal from using so-called ânarrowâ best-price clauses, arguing that they restrict competition.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: The use of best-price clauses has long been controversial and a thorn in the side of competition watchdogs. These provisions can constitute an infringement of competition law because they are capable of hampering free competition and ultimately harm consumers.

It is possible for assets to be transferred to the prospective heirs during the lifetime of the testator. This is then referred to as an anticipated inheritance, which frequently occurs by way of gifts.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Germany is set to be faced with a wave of inheritances in the coming years, with estimates suggesting that trillions of euros worth of assets are to be transferred. It is not necessary to wait until the testatorâs death to transfer these assets. Depending on the individual circumstances, it might make more sense for the testator to transfer all or some of his assets during his lifetime.

Brand recognition is a valuable asset for businesses. Accordingly, the General Court of the European Union (EGC) recognised that it is worth protecting these brands.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: According to a ruling of the General Court of the European Union of September 30, 2015, even a small visual resemblance or an average degree of conceptual similarity may result in it being impossible to register a brand as a trademark (Az.: T-364/13).

If a partner of a GmbH (Gesellschaft mit beschrĂ€nkter Haftung) [limited liability company] sells his ownership interest, he thus becomes excluded from contingent liability and is not liable for the other partnersâ outstanding capital contributions.

It is possible for children who are appointed as final heirs in a Berliner Testament (Berlin will) to ultimately come away empty-handed. To afford the children greater protection, a so-called Wiederverheiratungsklausel (remarriage clause) can be inserted into the will.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, DĂŒsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: In cases involving a Berliner Testament, also referred to as a spousal will, spouses mutually appoint each other as sole heirs. In most cases, the children they have in common are then appointed as final heirs, i.e. they will not come into their inheritance until both parents have passed away. This entails a certain degree of risk for the children, since it is possible for the estate to have been exhausted by that point in time. Things can become particularly problematic if after the death of the first spouse the surviving partner remarries, because the new partner is then entitled to inherit as well.

A remarriage clause can afford protection for the childrenâs inheritance in this instance. The provision stipulates that in the event that one of the spouses marries again, the final heirs as defined in the Berliner Testament shall inherit at the time of this marriage. This effectively separates the surviving spouseâs assets, with the partner to die firstâs estate only going to the children who were appointed as final heirs. The new spouse is then only entitled to inherit his or her own assets. That being said, when it comes to these types of remarriage clauses, it is important to be mindful of the proper wording to ensure that there is no room for interpretation and no inheritance disputes at a later date. It must also be borne in mind that it is possible for these kinds of clauses to be construed as contrary to public policy.

This is because remarriage clauses are not allowed to encroach upon the surviving spouseâs freedom to marry and put disproportionate pressure on him or her based on the fact that he or she could lose their inheritance owing to the second marriage. One possible alternative is to convert sole heir succession into preliminary succession for life. In doing so, the childrenâs inheritance would remain protected.

When it comes to drawing up a will, there are many pitfalls and statutory regulations that need to be observed, and it is generally not possible for a layperson to keep track of all of these. It can therefore be helpful to seek the legal advice of lawyers who are experienced in the field of succession law when drafting a will, Berliner Testament or contract of inheritance.

Preliminary insolvency proceedings were opened against Fidentum GmbH before the Amtsgericht Hamburg (Hamburg Local Court) on December 4 (Az. 67c IN 473/15). The issuing house offered its clients the LombardClassic 3 Fund.

In cases involving a Berliner Testament (Berlin will) or spousal will, the spouses mutually appoint each other as sole heirs. This can lead to certain drawbacks, e.g. if the surviving spouse remarries.

In its judgment of December 10, the BGH ruled that statements such as âlernstarkâ (fast learner) and âMit Eisen zur UnterstĂŒtzung der KonzentrationsfĂ€higkeitâ (with iron to promote concentration) are permissible on foodstuffs (I ZR 222/13).

A lot of investors are entitled to claim damages after an investment has gone wrong. It is possible to suspend the statute of limitations for these claims by properly submitting applications for conciliation.

The Bundesgerichtshof (German Federal Court of Justice) has strengthened the rights of commercial agents after their agency agreements have been terminated with its ruling of November 5, 2015 (Az.: VII ZR 59/14).

Audio books have attracted the attention of the Bundeskartellamt (German Federal Cartel Office). The competition watchdog is investigating whether an online mail order company and a manufacturer of consumer electronics are acting contrary to competition law.

Specifications regarding the energy consumption of empty vacuum cleaners do not infringe competition law. That was the decision of the General Court of the European Union (EGC) in its ruling of November 11 (Az.: T-544/13).

The managing directors of a German Unternehmergesellschaft (entrepreneurial company), UG for short, are liable for the companyâs trade tax debts. That was the decision of the Verwaltungsgericht Koblenz (Administrative Court of Koblenz) (Az.: 5 K 526/15.KO).

While it is of course permissible to criticise oneâs employer, excessively abusive criticism can lead to termination of oneâs employment contract. It can even potentially justify termination without notice.

To ensure that the âfinal wishesâ laid down in a will can actually be implemented, they ought to be defined in the most detailed manner possible, as demonstrated by a ruling of the OLG Hamm (Higher Regional Court of Hamm) (Az.: 15 W 98/14).

In many cases, it is necessary for an employer to issue the employee in question with a final warning before the former can effectively give notice of dismissal. In the absence of a formal warning, the dismissal may be invalid.

The Landgericht DĂŒsseldorf (Regional Court of DĂŒsseldorf) has strengthened the rights of commercial agents with a view to their entitlement to seek compensation (partial judgment of August 28, 2015, Az.: 33 O 119/12).

In the field of employment law, refusing to work, including refusing overtime, can justify termination of the employment contract. That was the decision of the LAG [Landesarbeitsgericht] Mecklenburg-Vorpommern (Regional Labour Court of Mecklenburg-Western Pomerania) (Az.: 5 TaBV 7/14).

Be it as a result of the purchase of CDs containing information on tax evaders or cooperation among countries, things are becoming increasingly difficult for tax evaders. Voluntary disclosure represents the only way out for them.

In its judgment of August 19, 2015, the OLG DĂŒsseldorf (Higher Regional Court of DĂŒsseldorf) ruled that a will that was drawn up shortly before an operation remained valid even after the operation (Az.: I-3 Wx 191/14).

Around three trillion euros will be passed on in Germany between 2015 and 2024. That is the finding of a study by the Deutsches Institut fĂŒr Altersvorsorge (German Institute for Retirement Provision).

Owing to its authority to give directions, an employer is allowed to designate the place where work is to be performed if no other arrangements have been made in the employment contract. That was the decision of the LAG Rheinland-Pfalz (Regional Labour Court of Rhineland-Palatinate).

In the field of employment law, a notice of termination is considered to have been received if it has entered the sphere of control of the recipient, who was thus able to receive notice of the dismissal.

Advertising many years of company tradition may be permissible and not anti-competitive despite a temporary state of insolvency. That was the decision of the OLG [Oberlandesgericht] Frankfurt (Higher Regional Court of Frankfurt) (Az.: 6 U 69/15).

According to a recent ruling of the Landesarbeitsgericht Hessen (Regional Labour Court of Hesse), successive fixed-term employment contracts do not automatically give rise to a right to a permanent position (Az.: 2 Sa 1210/14).

According to a judgment of the OLG DĂŒsseldorf (Higher Regional Court of DĂŒsseldorf), a company is allowed to use the expression âtest winnerâ in its advertising even if it has to share this distinction with other competitors (I-15 U 24/15).

The Bundesgerichtshof (BGH) [German Federal Court of Justice] ruled in three separate cases on November 5, 2015 that it is possible for unlawful advertising alone to constitute an infringement of copyright law.

The VW scandal involving manipulated emissions test data highlights the importance of effective compliance management systems. This is true for large corporations as well as small and medium-sized businesses.

In its judgment of September 23, 2015, the BGH (German Federal Court of Justice) ruled in a legal dispute involving trademark law in favour of chocolate teddies, which were said not to have infringed the rights associated with the wordmark âGoldbĂ€renâ (gold bears) (Az.: I ZR 105/14).

It is now almost impossible for untaxed income from capital in foreign accounts to remain concealed from the German exchequer. As long as the tax evasion has not yet been detected, a voluntary declaration can still be submitted.

A handwritten will has to be legible. Otherwise, it may not be effective according to a ruling of the Oberlandesgericht (OLG) Schleswig [Higher Regional Court of Schleswig] of July 16, 2015 (Az.: 3 Wx 19/15).

Ever since the first CD on tax evaders was purchased in 2006, the number of voluntary declarations concerning tax evasion has risen dramatically. This remains the only way of returning to a state of tax compliance.

According to the OLG Karlsruhe (Higher Regional Court of Karlsruhe), if the authenticity of a will is disputed, it may be necessary for witnesses to be heard in addition to an expert assessment in order to determine whether the testamentary disposition is in fact authentic.

The Landesarbeitsgericht KĂ¶ln (Regional Labour Court of Cologne) has ruled that insulting oneâs superior on one occasion does not by itself justify termination of an employment contract (Az.: 11 Sa 905/13).

Under certain circumstances, an authorized dealer may be entitled to claim compensation after termination of the contract with the company if the latter continues to be able to use its business contacts.

Under certain circumstances, an authorized dealer may be entitled to claim compensation after termination of the contract with the company if the latter continues to be able to use its business contacts.

According to a decision of the Bundessozialgericht, Germanyâs federal court of appeals for social security matters, GmbH managing directors are ordinarily deemed to be employees of the company and hence subject to mandatory social security contributions.

Plagiarism and counterfeit products cause immense economic damage within the European Union. This makes it all the more important for businesses to take consistent measures to protect their trade marks.

The costs associated with transitioning from an Unternehmergesellschaft (UG), a form of German private limited liability company also referred to colloquially as a âMini-GmbHâ, to a full GmbH cannot be passed on to the GmbH. The Oberlandesgericht (OLG) Celle, Celleâs Higher Regional Court, ruled that the transition in no way represents the establishment of a new company.

It is not necessary for a D&O insurance policy to cover payments made by the insured managing director after the onset of insolvency. That was the verdict of the Oberlandesgericht (OLG) DĂŒsseldorf, the Higher Regional Court of DĂŒsseldorf.

A managing director may be liable towards the company despite a settlement clause in the termination agreement. That was the verdict of the Oberlandesgericht (OLG) MĂŒnchen, the Higher Regional Court of Munich.

Caution is in order if someone is offering discounts on âfast allesâ, i.e. âalmost everythingâ. Advertising featuring a discount promotion that excludes large sections of the product range from the discount is misleading and unfair. That was the verdict of the Oberlandesgericht (OLG) KĂ¶ln, the Higher Regional Court of Cologne.

Beer cannot be promoted as âbekĂ¶mmlichâ, i.e.Â âwholesomeâ or âagreeableâ (in terms of its digestibility). That was the verdict of the Bundesgerichtshof (BGH), Germanyâs Federal Supreme Court, in a ruling from 17 May 2018 (Az.: I ZR 252/16). This description was said to be in violation of the Health Claims Regulation.

A company demanding that advances on commission payments be repaid by the commercial agent needs to be able to provide detailed reasoning in support of this action as well as present a complete calculation for the recovery of the sums in question.